1-1     By:  Nelson                                            S.B. No. 791
 1-2           (In the Senate - Filed February 20, 2001; February 21, 2001,
 1-3     read first time and referred to Committee on Health and Human
 1-4     Services; April 9, 2001, reported favorably by the following vote:
 1-5     Yeas 7, Nays 0; April 9, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the imposition of administrative, civil, and criminal
 1-9     penalties and the authorization of emergency license suspension for
1-10     certain licensing programs regulated by the Texas Department of
1-11     Health.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subchapter I, Chapter 203, Occupations Code, is
1-14     amended by adding Section 203.405 to read as follows:
1-15           Sec. 203.405.  EMERGENCY SUSPENSION.  (a)  The board or a
1-16     three-member committee of board members designated by the board
1-17     shall temporarily suspend the letter of documentation of a
1-18     documented midwife if the board or committee determines from the
1-19     evidence or information presented to it that continued practice by
1-20     the documented midwife would constitute a continuing and imminent
1-21     threat to the public welfare.
1-22           (b)  A letter of documentation may be suspended under this
1-23     section without notice or hearing on the complaint if:
1-24                 (1)  action is taken to initiate proceedings for a
1-25     hearing before the State Office of Administrative Hearings
1-26     simultaneously with the temporary suspension; and
1-27                 (2)  a hearing is held as soon as practicable under
1-28     this chapter and Chapter 2001, Government Code.
1-29           (c)  The State Office of Administrative Hearings shall hold a
1-30     preliminary hearing not later than the 14th day after the date of
1-31     the temporary suspension to determine if there is probable cause to
1-32     believe that a continuing and imminent threat to the public welfare
1-33     still exists.  A final hearing on the matter shall be held not
1-34     later than the 61st day after the date of the temporary suspension.
1-35           SECTION 2.  Subchapter F, Chapter 352, Occupations Code, is
1-36     amended by adding Section 352.254 to read as follows:
1-37           Sec. 352.254.  EMERGENCY SUSPENSION.  (a)  The board or a
1-38     three-member committee of board members designated by the board
1-39     shall temporarily suspend the certificate of registration of a
1-40     certificate holder if the board or committee determines from the
1-41     evidence or information presented to it that continued practice by
1-42     the certificate holder would constitute a continuing and imminent
1-43     threat to the public welfare.
1-44           (b)  A certificate of registration may be suspended under
1-45     this section without notice or hearing on the complaint if:
1-46                 (1)  action is taken to initiate proceedings for a
1-47     hearing before the State Office of Administrative Hearings
1-48     simultaneously with the temporary suspension; and
1-49                 (2)  a hearing is held as soon as practicable under
1-50     this chapter and Chapter 2001, Government Code.
1-51           (c)  The State Office of Administrative Hearings shall hold a
1-52     preliminary hearing not later than the 14th day after the date of
1-53     the temporary suspension to determine if there is probable cause to
1-54     believe that a continuing and imminent threat to the public welfare
1-55     still exists.  A final hearing on the matter shall be held not
1-56     later than the 61st day after the date of the temporary suspension.
1-57           SECTION 3.  Subchapter E, Chapter 353, Occupations Code, is
1-58     amended by adding Section 353.2025 to read as follows:
1-59           Sec. 353.2025.  EMERGENCY SUSPENSION.  (a)  The board or a
1-60     three-member committee of board members designated by the board
1-61     shall temporarily suspend the permit of a permit holder if the
1-62     board or committee determines from the evidence or information
1-63     presented to it that continued practice by the permit holder would
1-64     constitute a continuing and imminent threat to the public welfare.
 2-1           (b)  A permit may be suspended under this section without
 2-2     notice or hearing on the complaint if:
 2-3                 (1)  action is taken to initiate proceedings for a
 2-4     hearing before the State Office of Administrative Hearings
 2-5     simultaneously with the temporary suspension; and
 2-6                 (2)  a hearing is held as soon as practicable under
 2-7     this chapter and Chapter 2001, Government Code.
 2-8           (c)  The State Office of Administrative Hearings shall hold a
 2-9     preliminary hearing not later than the 14th day after the date of
2-10     the temporary suspension to determine if there is probable cause to
2-11     believe that a continuing and imminent threat to the public welfare
2-12     still exists.  A final hearing on the matter shall be held not
2-13     later than the 61st day after the date of the temporary suspension.
2-14           SECTION 4.  Subchapter J, Chapter 401, Occupations Code, is
2-15     amended by adding Section 401.460 to read as follows:
2-16           Sec. 401.460.  EMERGENCY SUSPENSION.  (a)  The board or a
2-17     three-member committee of board members designated by the board
2-18     shall temporarily suspend the license of a license holder if the
2-19     board or committee determines from the evidence or information
2-20     presented to it that continued practice by the license holder would
2-21     constitute a continuing and imminent threat to the public welfare.
2-22           (b)  A license may be suspended under this section without
2-23     notice or hearing on the complaint if:
2-24                 (1)  action is taken to initiate proceedings for a
2-25     hearing before the State Office of Administrative Hearings
2-26     simultaneously with the temporary suspension; and
2-27                 (2)  a hearing is held as soon as practicable under
2-28     this chapter and Chapter 2001, Government Code.
2-29           (c)  The State Office of Administrative Hearings shall hold a
2-30     preliminary hearing not later than the 14th day after the date of
2-31     the temporary suspension to determine if there is probable cause to
2-32     believe that a continuing and imminent threat to the public welfare
2-33     still exists.  A final hearing on the matter shall be held not
2-34     later than the 61st day after the date of the temporary suspension.
2-35           SECTION 5.  Chapter 401, Occupations Code, is amended by
2-36     adding Subchapter L to read as follows:
2-37                    SUBCHAPTER L.  ADMINISTRATIVE PENALTY
2-38           Sec. 401.551.  IMPOSITION OF ADMINISTRATIVE PENALTY.  The
2-39     board may impose an administrative penalty on a person licensed
2-40     under this chapter who violates this chapter or a rule or order
2-41     adopted under this chapter.
2-42           Sec. 401.552.  AMOUNT OF ADMINISTRATIVE PENALTY.  (a)  The
2-43     amount of the administrative penalty may not be less than $50 or
2-44     more than $500 for each violation.  Each day a violation continues
2-45     or occurs is a separate violation for the purpose of imposing a
2-46     penalty.
2-47           (b)  The amount shall be based on:
2-48                 (1)  the seriousness of the violation, including the
2-49     nature, circumstances, extent, and gravity of the violation;
2-50                 (2)  the economic harm caused by the violation;
2-51                 (3)  the history of previous violations;
2-52                 (4)  the amount necessary to deter a future violation;
2-53                 (5)  efforts to correct the violation; and
2-54                 (6)  any other matter that justice may require.
2-55           Sec. 401.553.  REPORT AND NOTICE OF VIOLATION AND PENALTY.
2-56     (a)  If the commissioner of public health determines that a
2-57     violation occurred, the commissioner may issue to the board a
2-58     report stating:
2-59                 (1)  the facts on which the determination is based; and
2-60                 (2)  the commissioner's recommendation on the
2-61     imposition of an administrative penalty, including a recommendation
2-62     on the amount of the penalty.
2-63           (b)  Within 14 days after the date the report is issued, the
2-64     commissioner of public health shall give written notice of the
2-65     report to the person.  The notice must:
2-66                 (1)  include a brief summary of the alleged violation;
2-67                 (2)  state the amount of the recommended administrative
2-68     penalty; and
2-69                 (3)  inform the person of the person's right to a
 3-1     hearing on the occurrence of the violation, the amount of the
 3-2     penalty, or both.
 3-3           Sec. 401.554.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)
 3-4     Within 10 days after the date the person receives the notice, the
 3-5     person in writing may:
 3-6                 (1)  accept the determination and recommended
 3-7     administrative penalty of the commissioner of public health; or
 3-8                 (2)  make a request for a hearing on the occurrence of
 3-9     the violation, the amount of the penalty, or both.
3-10           (b)  If the person accepts the determination and recommended
3-11     penalty of the commissioner of public health, the board by order
3-12     shall approve the determination and impose the recommended penalty.
3-13           Sec. 401.555.  HEARING.  (a)  If the person requests a
3-14     hearing or fails to respond in a timely manner to the notice, the
3-15     commissioner of public health shall set a hearing and give written
3-16     notice of the hearing to the person.
3-17           (b)  An administrative law judge of the State Office of
3-18     Administrative Hearings shall hold the hearing.
3-19           (c)  The administrative law judge shall make findings of fact
3-20     and conclusions of law and promptly issue to the board a proposal
3-21     for a decision about the occurrence of the violation and the amount
3-22     of a proposed administrative penalty.
3-23           Sec. 401.556.  DECISION BY BOARD.  (a)  Based on the findings
3-24     of fact, conclusions of law, and proposal for decision, the board
3-25     by order may determine that:
3-26                 (1)  a violation occurred and impose an administrative
3-27     penalty; or
3-28                 (2)  a violation did not occur.
3-29           (b)  The notice of the board's order given to the person must
3-30     include a statement of the right of the person to judicial review
3-31     of the order.
3-32           Sec. 401.557.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.
3-33     (a) Within 30 days after the date the board's order becomes final,
3-34     the person shall:
3-35                 (1)  pay the administrative penalty; or
3-36                 (2)  file a petition for judicial review contesting the
3-37     occurrence of the violation, the amount of the penalty, or both.
3-38           (b)  Within the 30-day period prescribed by Subsection (a), a
3-39     person who files a petition for judicial review may:
3-40                 (1)  stay enforcement of the penalty by:
3-41                       (A)  paying the penalty to the court for
3-42     placement in an escrow account; or
3-43                       (B)  giving the court a supersedeas bond approved
3-44     by the court that:
3-45                             (i)  is for the amount of the penalty; and
3-46                             (ii)  is effective until all judicial
3-47     review of the board's order is final; or
3-48                 (2)  request the court to stay enforcement of the
3-49     penalty by:
3-50                       (A)  filing with the court a sworn affidavit of
3-51     the person stating that the person is financially unable to pay the
3-52     penalty and is financially unable to give the supersedeas bond; and
3-53                       (B)  giving a copy of the affidavit to the
3-54     commissioner of public health by certified mail.
3-55           (c)  If the commissioner of public health receives a copy of
3-56     an affidavit under Subsection (b)(2), the commissioner may file
3-57     with the court, within five days after the date the copy is
3-58     received, a contest to the affidavit.
3-59           (d)  The court shall hold a hearing on the facts alleged in
3-60     the affidavit as soon as practicable and shall stay the enforcement
3-61     of the penalty on finding that the alleged facts are true.  The
3-62     person who files an affidavit has the burden of proving that the
3-63     person is financially unable to pay the penalty and to give a
3-64     supersedeas bond.
3-65           Sec. 401.558.  COLLECTION OF PENALTY.  (a)  If the person
3-66     does not pay the administrative penalty and the enforcement of the
3-67     penalty is not stayed, the penalty may be collected.
3-68           (b)  The attorney general may sue to collect the penalty.
3-69           Sec. 401.559.  DETERMINATION BY COURT.  (a)  If the court
 4-1     sustains the determination that a violation occurred, the court may
 4-2     uphold or reduce the amount of the administrative penalty and order
 4-3     the person to pay the full or reduced amount of the penalty.
 4-4           (b)  If the court does not sustain the finding that a
 4-5     violation occurred, the court shall order that a penalty is not
 4-6     owed.
 4-7           Sec. 401.560.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If
 4-8     the person paid the administrative penalty and if the amount of the
 4-9     penalty is reduced or the penalty is not upheld by the court, the
4-10     court shall order, when the court's judgment becomes final, that
4-11     the appropriate amount plus accrued interest be remitted to the
4-12     person.
4-13           (b)  The interest accrues at the rate charged on loans to
4-14     depository institutions by the New York Federal Reserve Bank.
4-15           (c)  The interest shall be paid for the period beginning on
4-16     the date the penalty is paid and ending on the date the penalty is
4-17     remitted.
4-18           (d)  If the person gave a supersedeas bond and the penalty is
4-19     not upheld by the court, the court shall order, when the court's
4-20     judgment becomes final, the release of the bond.
4-21           (e)  If the person gave a supersedeas bond and the amount of
4-22     the penalty is reduced, the court shall order the release of the
4-23     bond after the person pays the reduced amount.
4-24           Sec. 401.561.  ADMINISTRATIVE PROCEDURE.  A proceeding under
4-25     this subchapter is a contested case under Chapter 2001, Government
4-26     Code.
4-27           SECTION 6.  Subchapter K, Chapter 402, Occupations Code, is
4-28     amended by adding Section 402.504 to read as follows:
4-29           Sec. 402.504.  EMERGENCY SUSPENSION.  (a)  The board or a
4-30     three-member committee of board members designated by the board
4-31     shall temporarily suspend the license or permit of a license or
4-32     permit holder if the board or committee determines from the
4-33     evidence or information presented to it that continued practice by
4-34     the license or permit holder would constitute a continuing and
4-35     imminent threat to the public welfare.
4-36           (b)  A license or permit may be suspended under this section
4-37     without notice or hearing on the complaint if:
4-38                 (1)  action is taken to initiate proceedings for a
4-39     hearing before the State Office of Administrative Hearings
4-40     simultaneously with the temporary suspension; and
4-41                 (2)  a hearing is held as soon as practicable under
4-42     this chapter and Chapter 2001, Government Code.
4-43           (c)  The State Office of Administrative Hearings shall hold a
4-44     preliminary hearing not later than the 14th day after the date of
4-45     the temporary suspension to determine if there is probable cause to
4-46     believe that a continuing and imminent threat to the public welfare
4-47     still exists.  A final hearing on the matter shall be held not
4-48     later than the 61st day after the date of the temporary suspension.
4-49           SECTION 7.  Subchapter L, Chapter 402, Occupations Code, is
4-50     amended by adding Section 402.553 to read as follows:
4-51           Sec. 402.553.  CIVIL PENALTY.  (a)  A person who violates
4-52     this chapter or a rule or order adopted by the board under this
4-53     chapter is liable for a civil penalty not to exceed $1,000 a day.
4-54           (b)  At the request of the board or department, the attorney
4-55     general shall bring an action to recover a civil penalty authorized
4-56     under this section.
4-57           SECTION 8.  Subchapter F, Chapter 451, Occupations Code, is
4-58     amended by adding Section 451.255 to read as follows:
4-59           Sec. 451.255.  EMERGENCY SUSPENSION.  (a)  The board or a
4-60     three-member committee of board members designated by the board
4-61     shall temporarily suspend the license of a license holder if the
4-62     board or committee determines from the evidence or information
4-63     presented to it that continued practice by the license holder would
4-64     constitute a continuing and imminent threat to the public welfare.
4-65           (b)  A license may be suspended under this section without
4-66     notice or hearing on the complaint if:
4-67                 (1)  action is taken to initiate proceedings for a
4-68     hearing before the State Office of Administrative Hearings
4-69     simultaneously with the temporary suspension; and
 5-1                 (2)  a hearing is held as soon as practicable under
 5-2     this chapter and Chapter 2001, Government Code.
 5-3           (c)  The State Office of Administrative Hearings shall hold a
 5-4     preliminary hearing not later than the 14th day after the date of
 5-5     the temporary suspension to determine if there is probable cause to
 5-6     believe that a continuing and imminent threat to the public welfare
 5-7     still exists.  A final hearing on the matter shall be held not
 5-8     later than the 61st day after the date of the temporary suspension.
 5-9           SECTION 9.  Subchapter F, Chapter 455, Occupations Code, is
5-10     amended by adding Section 455.254 to read as follows:
5-11           Sec. 455.254.  EMERGENCY SUSPENSION.  (a)  The board or a
5-12     three-member committee of board members designated by the board
5-13     shall temporarily suspend the certificate of registration of a
5-14     certificate holder if the board or committee determines from the
5-15     evidence or information presented to it that continued practice by
5-16     the certificate holder would constitute a continuing and imminent
5-17     threat to the public welfare.
5-18           (b)  A certificate of registration may be suspended under
5-19     this section without notice or hearing on the complaint if:
5-20                 (1)  action is taken to initiate proceedings for a
5-21     hearing before the State Office of Administrative Hearings
5-22     simultaneously with the temporary suspension; and
5-23                 (2)  a hearing is held as soon as practicable under
5-24     this chapter and Chapter 2001, Government Code.
5-25           (c)  The State Office of Administrative Hearings shall hold a
5-26     preliminary hearing not later than the 14th day after the date of
5-27     the temporary suspension to determine if there is probable cause to
5-28     believe that a continuing and imminent threat to the public welfare
5-29     still exists.  A final hearing on the matter shall be held not
5-30     later than the 61st day after the date of the temporary suspension.
5-31           SECTION 10.  Subchapter H, Chapter 502, Occupations Code, is
5-32     amended by adding Section 502.356 to read as follows:
5-33           Sec. 502.356.  EMERGENCY SUSPENSION.  (a)  The board or a
5-34     three-member committee of board members designated by the board
5-35     shall temporarily suspend the license of a license holder if the
5-36     board or committee determines from the evidence or information
5-37     presented to it that continued practice by the license holder would
5-38     constitute a continuing and imminent threat to the public welfare.
5-39           (b)  A license may be suspended under this section without
5-40     notice or hearing on the complaint if:
5-41                 (1)  action is taken to initiate proceedings for a
5-42     hearing before the State Office of Administrative Hearings
5-43     simultaneously with the temporary suspension; and
5-44                 (2)  a hearing is held as soon as practicable under
5-45     this chapter and Chapter 2001, Government Code.
5-46           (c)  The State Office of Administrative Hearings shall hold a
5-47     preliminary hearing not later than the 14th day after the date of
5-48     the temporary suspension to determine if there is probable cause to
5-49     believe that a continuing and imminent threat to the public welfare
5-50     still exists.  A final hearing on the matter shall be held not
5-51     later than the 61st day after the date of the temporary suspension.
5-52           SECTION 11.  Chapter 503, Occupations Code, is amended by
5-53     adding Subchapter K to read as follows:
5-54                    SUBCHAPTER K.  ADMINISTRATIVE PENALTY
5-55           Sec. 503.501.  IMPOSITION OF ADMINISTRATIVE PENALTY.  The
5-56     board may impose an administrative penalty on a person licensed
5-57     under this chapter who violates this chapter or a rule or order
5-58     adopted under this chapter.
5-59           Sec. 503.502.  AMOUNT OF ADMINISTRATIVE PENALTY.  (a)  The
5-60     amount of the administrative penalty may not be less than $50 or
5-61     more than $500 for each violation.  Each day a violation continues
5-62     or occurs is a separate violation for the purpose of imposing a
5-63     penalty.
5-64           (b)  The amount shall be based on:
5-65                 (1)  the seriousness of the violation, including the
5-66     nature, circumstances, extent, and gravity of the violation;
5-67                 (2)  the economic harm caused by the violation;
5-68                 (3)  the history of previous violations;
5-69                 (4)  the amount necessary to deter a future violation;
 6-1                 (5)  efforts to correct the violation; and
 6-2                 (6)  any other matter that justice may require.
 6-3           Sec. 503.503.  REPORT AND NOTICE OF VIOLATION AND PENALTY.
 6-4     (a) If the commissioner of public health determines that a
 6-5     violation occurred, the commissioner may issue to the board a
 6-6     report stating:
 6-7                 (1)  the facts on which the determination is based; and
 6-8                 (2)  the commissioner's recommendation on the
 6-9     imposition of an administrative penalty, including a recommendation
6-10     on the amount of the penalty.
6-11           (b)  Within 14 days after the date the report is issued, the
6-12     commissioner of public health shall give written notice of the
6-13     report to the person.  The notice must:
6-14                 (1)  include a brief summary of the alleged violation;
6-15                 (2)  state the amount of the recommended administrative
6-16     penalty; and
6-17                 (3)  inform the person of the person's right to a
6-18     hearing on the occurrence of the violation, the amount of the
6-19     penalty, or both.
6-20           Sec. 503.504.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)
6-21     Within 10 days after the date the person receives the notice, the
6-22     person in writing may:
6-23                 (1)  accept the determination and recommended
6-24     administrative penalty of the commissioner of public health; or
6-25                 (2)  make a request for a hearing on the occurrence of
6-26     the violation, the amount of the penalty, or both.
6-27           (b)  If the person accepts the determination and recommended
6-28     penalty of the commissioner of public health, the board by order
6-29     shall approve the determination and impose the recommended penalty.
6-30           Sec. 503.505.  HEARING.  (a)  If the person requests a
6-31     hearing or fails to respond in a timely manner to the notice, the
6-32     commissioner of public health shall set a hearing and give written
6-33     notice of the hearing to the person.
6-34           (b)  An administrative law judge of the State Office of
6-35     Administrative Hearings shall hold the hearing.
6-36           (c)  The administrative law judge shall make findings of fact
6-37     and conclusions of law and promptly issue to the board a proposal
6-38     for a decision about the occurrence of the violation and the amount
6-39     of a proposed administrative penalty.
6-40           Sec. 503.506.  DECISION BY BOARD.  (a)  Based on the findings
6-41     of fact, conclusions of law, and proposal for decision, the board
6-42     by order may determine that:
6-43                 (1)  a violation occurred and impose an administrative
6-44     penalty; or
6-45                 (2)  a violation did not occur.
6-46           (b)  The notice of the board's order given to the person must
6-47     include a statement of the right of the person to judicial review
6-48     of the order.
6-49           Sec. 503.507.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.
6-50     (a) Within 30 days after the date the board's order becomes final,
6-51     the person shall:
6-52                 (1)  pay the administrative penalty; or
6-53                 (2)  file a petition for judicial review contesting the
6-54     occurrence of the violation, the amount of the penalty, or both.
6-55           (b)  Within the 30-day period prescribed by Subsection (a), a
6-56     person who files a petition for judicial review may:
6-57                 (1)  stay enforcement of the penalty by:
6-58                       (A)  paying the penalty to the court for
6-59     placement in an escrow account; or
6-60                       (B)  giving the court a supersedeas bond approved
6-61     by the court that:
6-62                             (i)  is for the amount of the penalty; and
6-63                             (ii)  is effective until all judicial
6-64     review of the board's order is final; or
6-65                 (2)  request the court to stay enforcement of the
6-66     penalty by:
6-67                       (A)  filing with the court a sworn affidavit of
6-68     the person stating that the person is financially unable to pay the
6-69     penalty and is financially unable to give the supersedeas bond; and
 7-1                       (B)  giving a copy of the affidavit to the
 7-2     commissioner of public health by certified mail.
 7-3           (c)  If the commissioner of public health receives a copy of
 7-4     an affidavit under Subsection (b)(2), the commissioner may file
 7-5     with the court, within five days after the date the copy is
 7-6     received, a contest to the affidavit.
 7-7           (d)  The court shall hold a hearing on the facts alleged in
 7-8     the affidavit as soon as practicable and shall stay the enforcement
 7-9     of the penalty on finding that the alleged facts are true.  The
7-10     person who files an affidavit has the burden of proving that the
7-11     person is financially unable to pay the penalty and to give a
7-12     supersedeas bond.
7-13           Sec. 503.508.  COLLECTION OF PENALTY.  (a)  If the person
7-14     does not pay the administrative penalty and the enforcement of the
7-15     penalty is not stayed, the penalty may be collected.
7-16           (b)  The attorney general may sue to collect the penalty.
7-17           Sec. 503.509.  DETERMINATION BY COURT.  (a)  If the court
7-18     sustains the determination that a violation occurred, the court may
7-19     uphold or reduce the amount of the administrative penalty and order
7-20     the person to pay the full or reduced amount of the penalty.
7-21           (b)  If the court does not sustain the finding that a
7-22     violation occurred, the court shall order that a penalty is not
7-23     owed.
7-24           Sec. 503.510.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If
7-25     the person paid the administrative penalty and if the amount of the
7-26     penalty is reduced or the penalty is not upheld by the court, the
7-27     court shall order, when the court's judgment becomes final, that
7-28     the appropriate amount plus accrued interest be remitted to the
7-29     person.
7-30           (b)  The interest accrues at the rate charged on loans to
7-31     depository institutions by the New York Federal Reserve Bank.
7-32           (c)  The interest shall be paid for the period beginning on
7-33     the date the penalty is paid and ending on the date the penalty is
7-34     remitted.
7-35           (d)  If the person gave a supersedeas bond and the penalty is
7-36     not upheld by the court, the court shall order, when the court's
7-37     judgment becomes final, the release of the bond.
7-38           (e)  If the person gave a supersedeas bond and the amount of
7-39     the penalty is reduced, the court shall order the release of the
7-40     bond after the person pays the reduced amount.
7-41           Sec. 503.511.  ADMINISTRATIVE PROCEDURE.  A proceeding under
7-42     this subchapter is a contested case under Chapter 2001, Government
7-43     Code.
7-44           SECTION 12.  Subchapter J, Chapter 505, Occupations Code, is
7-45     amended by adding Section 505.507 to read as follows:
7-46           Sec. 505.507.  CRIMINAL PENALTY.  (a)  A person required to
7-47     hold a license under this chapter commits an offense if the person
7-48     knowingly acts as a social worker without holding a license issued
7-49     under this chapter.
7-50           (b)  An offense under Subsection (a)  is a Class B
7-51     misdemeanor.
7-52           SECTION 13.  Subchapter G, Chapter 601, Occupations Code, is
7-53     amended by adding Section 601.306 to read as follows:
7-54           Sec. 601.306.  EMERGENCY SUSPENSION.  (a)  The board or a
7-55     three-member committee of board members designated by the board
7-56     shall temporarily suspend the certificate of a certificate holder
7-57     if the board or committee determines from the evidence or
7-58     information presented to it that continued practice by the
7-59     certificate holder would constitute a continuing and imminent
7-60     threat to the public welfare.
7-61           (b)  A certificate may be suspended under this section
7-62     without notice or hearing on the complaint if:
7-63                 (1)  action is taken to initiate proceedings for a
7-64     hearing before the State Office of Administrative Hearings
7-65     simultaneously with the temporary suspension; and
7-66                 (2)  a hearing is held as soon as practicable under
7-67     this chapter and Chapter 2001, Government Code.
7-68           (c)  The State Office of Administrative Hearings shall hold a
7-69     preliminary hearing not later than the 14th day after the date of
 8-1     the temporary suspension to determine if there is probable cause to
 8-2     believe that a continuing and imminent threat to the public welfare
 8-3     still exists.  A final hearing on the matter shall be held not
 8-4     later than the 61st day after the date of the temporary suspension.
 8-5           SECTION 14.  Subchapter F, Chapter 602, Occupations Code, is
 8-6     amended by adding Section 602.254 to read as follows:
 8-7           Sec. 602.254.  EMERGENCY SUSPENSION.  (a)  The board or a
 8-8     three-member committee of board members designated by the board
 8-9     shall temporarily suspend the license of a license holder if the
8-10     board or committee determines from the evidence or information
8-11     presented to it that continued practice by the license holder would
8-12     constitute a continuing and imminent threat to the public welfare.
8-13           (b)  A license may be suspended under this section without
8-14     notice or hearing on the complaint if:
8-15                 (1)  action is taken to initiate proceedings for a
8-16     hearing before the State Office of Administrative Hearings
8-17     simultaneously with the temporary suspension; and
8-18                 (2)  a hearing is held as soon as practicable under
8-19     this chapter and Chapter 2001, Government Code.
8-20           (c)  The State Office of Administrative Hearings shall hold a
8-21     preliminary hearing not later than the 14th day after the date of
8-22     the temporary suspension to determine if there is probable cause to
8-23     believe that a continuing and imminent threat to the public welfare
8-24     still exists.  A final hearing on the matter shall be held not
8-25     later than the 61st day after the date of the temporary suspension.
8-26           SECTION 15.  Subchapter G, Chapter 602, Occupations Code, is
8-27     amended by adding Section 602.3015 to read as follows:
8-28           Sec. 602.3015.  CIVIL PENALTY.  (a)  A person who violates
8-29     this chapter or a rule or order adopted by the board under this
8-30     chapter is liable for a civil penalty not to exceed $1,000 a day.
8-31           (b)  At the request of the board or department, the attorney
8-32     general shall bring an action to recover a civil penalty authorized
8-33     under this section.
8-34           SECTION 16.  Section 602.302, Occupations Code, is amended to
8-35     read as follows:
8-36           Sec. 602.302.  OFFENSE.  (a)  A person commits an offense if
8-37     the person [knowingly]:
8-38                 (1)  practices medical physics without holding a
8-39     license under this chapter;
8-40                 (2)  practices a specialty of medical physics without
8-41     holding a license for the specialty;
8-42                 (3)  knowingly practices medical physics in violation
8-43     of this chapter; or
8-44                 (4)  knowingly [(2)] uses in any manner letters,
8-45     terminology, symbols, or signs to indicate or imply that the person
8-46     is qualified or licensed to practice medical physics in a manner
8-47     for which the person is not licensed under this chapter.
8-48           (b)  An offense under this section is a Class A [B]
8-49     misdemeanor.
8-50           SECTION 17.  Subchapter I, Chapter 603, Occupations Code, is
8-51     amended by adding Section 603.408 to read as follows:
8-52           Sec. 603.408.  EMERGENCY SUSPENSION.  (a)  The board or a
8-53     three-member committee of board members designated by the board
8-54     shall temporarily suspend the license of a license holder if the
8-55     board or committee determines from the evidence or information
8-56     presented to it that continued practice by the license holder would
8-57     constitute a continuing and imminent threat to the public welfare.
8-58           (b)  A license may be suspended under this section without
8-59     notice or hearing on the complaint if:
8-60                 (1)  action is taken to initiate proceedings for a
8-61     hearing before the State Office of Administrative Hearings
8-62     simultaneously with the temporary suspension; and
8-63                 (2)  a hearing is held as soon as practicable under
8-64     this chapter and Chapter 2001, Government Code.
8-65           (c)  The State Office of Administrative Hearings shall hold a
8-66     preliminary hearing not later than the 14th day after the date of
8-67     the temporary suspension to determine if there is probable cause to
8-68     believe that a continuing and imminent threat to the public welfare
8-69     still exists.  A final hearing on the matter shall be held not
 9-1     later than the 61st day after the date of the temporary suspension.
 9-2           SECTION 18.  Subchapter J, Chapter 603, Occupations Code, is
 9-3     amended by adding Section 603.4515 to read as follows:
 9-4           Sec. 603.4515.  CIVIL PENALTY.  (a)  A person who violates
 9-5     this chapter or a rule or order adopted by the board under this
 9-6     chapter is liable for a civil penalty not to exceed $1,000 a day.
 9-7           (b)  At the request of the board or department, the attorney
 9-8     general shall bring an action to recover a civil penalty authorized
 9-9     under this section.
9-10           SECTION 19.  Chapter 603, Occupations Code, is amended by
9-11     adding Subchapter K to read as follows:
9-12                    SUBCHAPTER K.  ADMINISTRATIVE PENALTY
9-13           Sec. 603.501.  IMPOSITION OF ADMINISTRATIVE PENALTY.  The
9-14     board may impose an administrative penalty on a person licensed
9-15     under this chapter who violates this chapter or a rule or order
9-16     adopted under this chapter.
9-17           Sec. 603.502.  AMOUNT OF ADMINISTRATIVE PENALTY.  (a)  The
9-18     amount of the administrative penalty may not be less than $50 or
9-19     more than $500 for each violation.  Each day a violation continues
9-20     or occurs is a separate violation for the purpose of imposing a
9-21     penalty.
9-22           (b)  The amount shall be based on:
9-23                 (1)  the seriousness of the violation, including the
9-24     nature, circumstances, extent, and gravity of the violation;
9-25                 (2)  the economic harm caused by the violation;
9-26                 (3)  the history of previous violations;
9-27                 (4)  the amount necessary to deter a future violation;
9-28                 (5)  efforts to correct the violation; and
9-29                 (6)  any other matter that justice may require.
9-30           Sec. 603.503.  REPORT AND NOTICE OF VIOLATION AND PENALTY.
9-31     (a)  If the commissioner determines that a violation occurred, the
9-32     commissioner may issue to the board a report stating:
9-33                 (1)  the facts on which the determination is based; and
9-34                 (2)  the commissioner's recommendation on the
9-35     imposition of an administrative penalty, including a recommendation
9-36     on the amount of the penalty.
9-37           (b)  Within 14 days after the date the report is issued, the
9-38     commissioner shall give written notice of the report to the person.
9-39     The notice must:
9-40                 (1)  include a brief summary of the alleged violation;
9-41                 (2)  state the amount of the recommended administrative
9-42     penalty; and
9-43                 (3)  inform the person of the person's right to a
9-44     hearing on the occurrence of the violation, the amount of the
9-45     penalty, or both.
9-46           Sec. 603.504.  PENALTY TO BE PAID OR HEARING REQUESTED.
9-47     (a)  Within 10 days after the date the person receives the notice,
9-48     the person in writing may:
9-49                 (1)  accept the determination and recommended
9-50     administrative penalty of the commissioner; or
9-51                 (2)  make a request for a hearing on the occurrence of
9-52     the violation, the amount of the penalty, or both.
9-53           (b)  If the person accepts the determination and recommended
9-54     penalty of the commissioner, the board by order shall approve the
9-55     determination and impose the recommended penalty.
9-56           Sec. 603.505.  HEARING.  (a)  If the person requests a
9-57     hearing or fails to respond in a timely manner to the notice, the
9-58     commissioner shall set a hearing and give written notice of the
9-59     hearing to the person.
9-60           (b)  An administrative law judge of the State Office of
9-61     Administrative Hearings shall hold the hearing.
9-62           (c)  The administrative law judge shall make findings of fact
9-63     and conclusions of law and promptly issue to the board a proposal
9-64     for a decision about the occurrence of the violation and the amount
9-65     of a proposed administrative penalty.
9-66           Sec. 603.506.  DECISION BY BOARD.  (a)  Based on the findings
9-67     of fact, conclusions of law, and proposal for decision, the board
9-68     by order may determine that:
9-69                 (1)  a violation occurred and impose an administrative
 10-1    penalty; or
 10-2                (2)  a violation did not occur.
 10-3          (b)  The notice of the board's order given to the person must
 10-4    include a statement of the right of the person to judicial review
 10-5    of the order.
 10-6          Sec. 603.507.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.
 10-7    (a)  Within 30 days after the date the board's order becomes final,
 10-8    the person shall:
 10-9                (1)  pay the administrative penalty; or
10-10                (2)  file a petition for judicial review contesting the
10-11    occurrence of the violation, the amount of the penalty, or both.
10-12          (b)  Within the 30-day period prescribed by Subsection (a), a
10-13    person who files a petition for judicial review may:
10-14                (1)  stay enforcement of the penalty by:
10-15                      (A)  paying the penalty to the court for
10-16    placement in an escrow account; or
10-17                      (B)  giving the court a supersedeas bond approved
10-18    by the court that:
10-19                            (i)  is for the amount of the penalty; and
10-20                            (ii)  is effective until all judicial
10-21    review of the board's order is final; or
10-22                (2)  request the court to stay enforcement of the
10-23    penalty by:
10-24                      (A)  filing with the court a sworn affidavit of
10-25    the person stating that the person is financially unable to pay the
10-26    penalty and is financially unable to give the supersedeas bond; and
10-27                      (B)  giving a copy of the affidavit to the
10-28    commissioner by certified mail.
10-29          (c)  If the commissioner receives a copy of an affidavit
10-30    under Subsection (b)(2), the commissioner may file with the court,
10-31    within five days after the date the copy is received, a contest to
10-32    the affidavit.
10-33          (d)  The court shall hold a hearing on the facts alleged in
10-34    the affidavit as soon as practicable and shall stay the enforcement
10-35    of the penalty on finding that the alleged facts are true.  The
10-36    person who files an affidavit has the burden of proving that the
10-37    person is financially unable to pay the penalty and to give a
10-38    supersedeas bond.
10-39          Sec. 603.508.  COLLECTION OF PENALTY.  (a)  If the person
10-40    does not pay the administrative penalty and the enforcement of the
10-41    penalty is not stayed, the penalty may be collected.
10-42          (b)  The attorney general may sue to collect the penalty.
10-43          Sec. 603.509.  DETERMINATION BY COURT.  (a)  If the court
10-44    sustains the determination that a violation occurred, the court may
10-45    uphold or reduce the amount of the administrative penalty and order
10-46    the person to pay the full or reduced amount of the penalty.
10-47          (b)  If the court does not sustain the finding that a
10-48    violation occurred, the court shall order that a penalty is not
10-49    owed.
10-50          Sec. 603.510.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If
10-51    the person paid the administrative penalty and if the amount of the
10-52    penalty is reduced or the penalty is not upheld by the court, the
10-53    court shall order, when the court's judgment becomes final, that
10-54    the appropriate amount plus accrued interest be remitted to the
10-55    person.
10-56          (b)  The interest accrues at the rate charged on loans to
10-57    depository institutions by the New York Federal Reserve Bank.
10-58          (c)  The interest shall be paid for the period beginning on
10-59    the date the penalty is paid and ending on the date the penalty is
10-60    remitted.
10-61          (d)  If the person gave a supersedeas bond and the penalty is
10-62    not upheld by the court, the court shall order, when the court's
10-63    judgment becomes final, the release of the bond.
10-64          (e)  If the person gave a supersedeas bond and the amount of
10-65    the penalty is reduced, the court shall order the release of the
10-66    bond after the person pays the reduced amount.
10-67          Sec. 603.511.  ADMINISTRATIVE PROCEDURE.  A proceeding under
10-68    this subchapter is a contested case under Chapter 2001, Government
10-69    Code.
 11-1          SECTION 20.  Subchapter H, Chapter 605, Occupations Code, is
 11-2    amended by adding Section 605.3535 to read as follows:
 11-3          Sec. 605.3535.  EMERGENCY SUSPENSION.  (a)  The board or a
 11-4    three-member committee of board members designated by the board
 11-5    shall temporarily suspend the license of a license holder if the
 11-6    board or committee determines from the evidence or information
 11-7    presented to it that continued practice by the license holder would
 11-8    constitute a continuing and imminent threat to the public welfare.
 11-9          (b)  A license may be suspended under this section without
11-10    notice or hearing on the complaint if:
11-11                (1)  action is taken to initiate proceedings for a
11-12    hearing before the State Office of Administrative Hearings
11-13    simultaneously with the temporary suspension; and
11-14                (2)  a hearing is held as soon as practicable under
11-15    this chapter and Chapter 2001, Government Code.
11-16          (c)  The State Office of Administrative Hearings shall hold a
11-17    preliminary hearing not later than the 14th day after the date of
11-18    the temporary suspension to determine if there is probable cause to
11-19    believe that a continuing and imminent threat to the public welfare
11-20    still exists.  A final hearing on the matter shall be held not
11-21    later than the 61st day after the date of the temporary suspension.
11-22          SECTION 21.  Subchapter H, Chapter 605, Occupations Code, is
11-23    amended by adding Section 605.356 to read as follows:
11-24          Sec. 605.356.  CRIMINAL PENALTY.  (a)  A person required to
11-25    hold a license under this chapter commits an offense if the person
11-26    knowingly practices, attempts to practice, or offers to practice
11-27    orthotics or prosthetics without holding a license issued under
11-28    this chapter.
11-29          (b)  An offense under Subsection (a)  is a Class B
11-30    misdemeanor.
11-31          SECTION 22.  Chapter 605, Occupations Code, is amended by
11-32    adding Subchapter I to read as follows:
11-33                   SUBCHAPTER I.  ADMINISTRATIVE PENALTY
11-34          Sec. 605.401.  IMPOSITION OF ADMINISTRATIVE PENALTY.  The
11-35    board may impose an administrative penalty on a person licensed
11-36    under this chapter who violates this chapter or a rule or order
11-37    adopted under this chapter.
11-38          Sec. 605.402.  AMOUNT OF ADMINISTRATIVE PENALTY.  (a)  The
11-39    amount of the administrative penalty may not be less than $50 or
11-40    more than $500 for each violation.  Each day a violation continues
11-41    or occurs is a separate violation for the purpose of imposing a
11-42    penalty.
11-43          (b)  The amount shall be based on:
11-44                (1)  the seriousness of the violation, including the
11-45    nature, circumstances, extent, and gravity of the violation;
11-46                (2)  the economic harm caused by the violation;
11-47                (3)  the history of previous violations;
11-48                (4)  the amount necessary to deter a future violation;
11-49                (5)  efforts to correct the violation; and
11-50                (6)  any other matter that justice may require.
11-51          Sec. 605.403.  REPORT AND NOTICE OF VIOLATION AND PENALTY.
11-52    (a)  If the executive director determines that a violation
11-53    occurred, the director may issue to the board a report stating:
11-54                (1)  the facts on which the determination is based; and
11-55                (2)  the director's recommendation on the imposition of
11-56    an administrative penalty, including a recommendation on the amount
11-57    of the penalty.
11-58          (b)  Within 14 days after the date the report is issued, the
11-59    executive director shall give written notice of the report to the
11-60    person.  The notice must:
11-61                (1)  include a brief summary of the alleged violation;
11-62                (2)  state the amount of the recommended administrative
11-63    penalty; and
11-64                (3)  inform the person of the person's right to a
11-65    hearing on the occurrence of the violation, the amount of the
11-66    penalty, or both.
11-67          Sec. 605.404.  PENALTY TO BE PAID OR HEARING REQUESTED.
11-68    (a)  Within 10 days after the date the person receives the notice,
11-69    the person in writing may:
 12-1                (1)  accept the determination and recommended
 12-2    administrative penalty of the executive director; or
 12-3                (2)  make a request for a hearing on the occurrence of
 12-4    the violation, the amount of the penalty, or both.
 12-5          (b)  If the person accepts the determination and recommended
 12-6    penalty of the executive director, the board by order shall approve
 12-7    the determination and impose the recommended penalty.
 12-8          Sec. 605.405.  HEARING.  (a)  If the person requests a
 12-9    hearing or fails to respond in a timely manner to the notice, the
12-10    executive director shall set a hearing and give written notice of
12-11    the hearing to the person.
12-12          (b)  An administrative law judge of the State Office of
12-13    Administrative Hearings shall hold the hearing.
12-14          (c)  The administrative law judge shall make findings of fact
12-15    and conclusions of law and promptly issue to the board a proposal
12-16    for a decision about the occurrence of the violation and the amount
12-17    of a proposed administrative penalty.
12-18          Sec. 605.406.  DECISION BY BOARD.  (a)  Based on the findings
12-19    of fact, conclusions of law, and proposal for decision, the board
12-20    by order may determine that:
12-21                (1)  a violation occurred and impose an administrative
12-22    penalty; or
12-23                (2)  a violation did not occur.
12-24          (b)  The notice of the board's order given to the person must
12-25    include a statement of the right of the person to judicial review
12-26    of the order.
12-27          Sec. 605.407.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.
12-28    (a)  Within 30 days after the date the board's order becomes final,
12-29    the person shall:
12-30                (1)  pay the administrative penalty; or
12-31                (2)  file a petition for judicial review contesting the
12-32    occurrence of the violation, the amount of the penalty, or both.
12-33          (b)  Within the 30-day period prescribed by Subsection (a), a
12-34    person who files a petition for judicial review may:
12-35                (1)  stay enforcement of the penalty by:
12-36                      (A)  paying the penalty to the court for
12-37    placement in an escrow account; or
12-38                      (B)  giving the court a supersedeas bond approved
12-39    by the court that:
12-40                            (i)  is for the amount of the penalty; and
12-41                            (ii)  is effective until all judicial
12-42    review of the board's order is final; or
12-43                (2)  request the court to stay enforcement of the
12-44    penalty by:
12-45                      (A)  filing with the court a sworn affidavit of
12-46    the person stating that the person is financially unable to pay the
12-47    penalty and is financially unable to give the supersedeas bond; and
12-48                      (B)  giving a copy of the affidavit to the
12-49    executive director by certified mail.
12-50          (c)  If the executive director receives a copy of an
12-51    affidavit under Subsection (b)(2), the director may file with the
12-52    court, within five days after the date the copy is received, a
12-53    contest to the affidavit.
12-54          (d)  The court shall hold a hearing on the facts alleged in
12-55    the affidavit as soon as practicable and shall stay the enforcement
12-56    of the penalty on finding that the alleged facts are true.  The
12-57    person who files an affidavit has the burden of proving that the
12-58    person is financially unable to pay the penalty and to give a
12-59    supersedeas bond.
12-60          Sec. 605.408.  COLLECTION OF PENALTY.  (a)  If the person
12-61    does not pay the administrative penalty and the enforcement of the
12-62    penalty is not stayed, the penalty may be collected.
12-63          (b)  The attorney general may sue to collect the penalty.
12-64          Sec. 605.409.  DETERMINATION BY COURT.  (a)  If the court
12-65    sustains the determination that a violation occurred, the court may
12-66    uphold or reduce the amount of the administrative penalty and order
12-67    the person to pay the full or reduced amount of the penalty.
12-68          (b)  If the court does not sustain the finding that a
12-69    violation occurred, the court shall order that a penalty is not
 13-1    owed.
 13-2          Sec. 605.410.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If
 13-3    the person paid the administrative penalty and if the amount of the
 13-4    penalty is reduced or the penalty is not upheld by the court, the
 13-5    court shall order, when the court's judgment becomes final, that
 13-6    the appropriate amount plus accrued interest be remitted to the
 13-7    person.
 13-8          (b)  The interest accrues at the rate charged on loans to
 13-9    depository institutions by the New York Federal Reserve Bank.
13-10          (c)  The interest shall be paid for the period beginning on
13-11    the date the penalty is paid and ending on the date the penalty is
13-12    remitted.
13-13          (d)  If the person gave a supersedeas bond and the penalty is
13-14    not upheld by the court, the court shall order, when the court's
13-15    judgment becomes final, the release of the bond.
13-16          (e)  If the person gave a supersedeas bond and the amount of
13-17    the penalty is reduced, the court shall order the release of the
13-18    bond after the person pays the reduced amount.
13-19          Sec. 605.411.  ADMINISTRATIVE PROCEDURE.  A proceeding under
13-20    this subchapter is a contested case under Chapter 2001, Government
13-21    Code.
13-22          SECTION 23.  Subchapter I, Chapter 701, Occupations Code, is
13-23    amended by adding Section 701.408 to read as follows:
13-24          Sec. 701.408.  EMERGENCY SUSPENSION.  (a)  The dietitians
13-25    board or a three-member committee of board members designated by
13-26    the board shall temporarily suspend the license of a license holder
13-27    if the board or committee determines from the evidence or
13-28    information presented to it that continued practice by the license
13-29    holder would constitute a continuing and imminent threat to the
13-30    public welfare.
13-31          (b)  A license may be suspended under this section without
13-32    notice or hearing on the complaint if:
13-33                (1)  action is taken to initiate proceedings for a
13-34    hearing before the State Office of Administrative Hearings
13-35    simultaneously with the temporary suspension; and
13-36                (2)  a hearing is held as soon as practicable under
13-37    this chapter and Chapter 2001, Government Code.
13-38          (c)  The State Office of Administrative Hearings shall hold a
13-39    preliminary hearing not later than the 14th day after the date of
13-40    the temporary suspension to determine if there is probable cause to
13-41    believe that a continuing and imminent threat to the public welfare
13-42    still exists.  A final hearing on the matter shall be held not
13-43    later than the 61st day after the date of the temporary suspension.
13-44          SECTION 24.  Chapter 701, Occupations Code, is amended by
13-45    adding Subchapter K to read as follows:
13-46                   SUBCHAPTER K.  ADMINISTRATIVE PENALTY
13-47          Sec. 701.501.  IMPOSITION OF ADMINISTRATIVE PENALTY.  The
13-48    dietitians board may impose an administrative penalty on a person
13-49    licensed under this chapter who violates this chapter or a rule or
13-50    order adopted under this chapter.
13-51          Sec. 701.502.  AMOUNT OF ADMINISTRATIVE PENALTY.  (a)  The
13-52    amount of the administrative penalty may not be less than $50 or
13-53    more than $500 for each violation.  Each day a violation continues
13-54    or occurs is a separate violation for the purpose of imposing a
13-55    penalty.
13-56          (b)  The amount shall be based on:
13-57                (1)  the seriousness of the violation, including the
13-58    nature, circumstances, extent, and gravity of the violation;
13-59                (2)  the economic harm caused by the violation;
13-60                (3)  the history of previous violations;
13-61                (4)  the amount necessary to deter a future violation;
13-62                (5)  efforts to correct the violation; and
13-63                (6)  any other matter that justice may require.
13-64          Sec. 701.503.  REPORT AND NOTICE OF VIOLATION AND PENALTY.
13-65    (a) If the commissioner determines that a violation occurred, the
13-66    commissioner may issue to the dietitians board a report stating:
13-67                (1)  the facts on which the determination is based; and
13-68                (2)  the commissioner's recommendation on the
13-69    imposition of an administrative penalty, including a recommendation
 14-1    on the amount of the penalty.
 14-2          (b)  Within 14 days after the date the report is issued, the
 14-3    commissioner shall give written notice of the report to the person.
 14-4    The notice must:
 14-5                (1)  include a brief summary of the alleged violation;
 14-6                (2)  state the amount of the recommended administrative
 14-7    penalty; and
 14-8                (3)  inform the person of the person's right to a
 14-9    hearing on the occurrence of the violation, the amount of the
14-10    penalty, or both.
14-11          Sec. 701.504.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)
14-12    Within 10 days after the date the person receives the notice, the
14-13    person in writing may:
14-14                (1)  accept the determination and recommended
14-15    administrative penalty of the commissioner; or
14-16                (2)  make a request for a hearing on the occurrence of
14-17    the violation, the amount of the penalty, or both.
14-18          (b)  If the person accepts the determination and recommended
14-19    penalty of the commissioner, the dietitians board by order shall
14-20    approve the determination and impose the recommended penalty.
14-21          Sec. 701.505.  HEARING.  (a)  If the person requests a
14-22    hearing or fails to respond in a timely manner to the notice, the
14-23    commissioner shall set a hearing and give written notice of the
14-24    hearing to the person.
14-25          (b)  An administrative law judge of the State Office of
14-26    Administrative Hearings shall hold the hearing.
14-27          (c)  The administrative law judge shall make findings of fact
14-28    and conclusions of law and promptly issue to the dietitians board a
14-29    proposal for a decision about the occurrence of the violation and
14-30    the amount of a proposed administrative penalty.
14-31          Sec. 701.506.  DECISION BY DIETITIANS BOARD.  (a)  Based on
14-32    the findings of fact, conclusions of law, and proposal for
14-33    decision, the dietitians board by order may determine that:
14-34                (1)  a violation occurred and impose an administrative
14-35    penalty; or
14-36                (2)  a violation did not occur.
14-37          (b)  The notice of the dietitians board's order given to the
14-38    person must include a statement of the right of the person to
14-39    judicial review of the order.
14-40          Sec. 701.507.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.
14-41    (a)  Within 30 days after the date the dietitians board's order
14-42    becomes final, the person shall:
14-43                (1)  pay the administrative penalty; or
14-44                (2)  file a petition for judicial review contesting the
14-45    occurrence of the violation, the amount of the penalty, or both.
14-46          (b)  Within the 30-day period prescribed by Subsection (a), a
14-47    person who files a petition for judicial review may:
14-48                (1)  stay enforcement of the penalty by:
14-49                      (A)  paying the penalty to the court for
14-50    placement in an escrow account; or
14-51                      (B)  giving the court a supersedeas bond approved
14-52    by the court that:
14-53                            (i)  is for the amount of the penalty; and
14-54                            (ii)  is effective until all judicial
14-55    review of the dietitians board's order is final; or
14-56                (2)  request the court to stay enforcement of the
14-57    penalty by:
14-58                      (A)  filing with the court a sworn affidavit of
14-59    the person stating that the person is financially unable to pay the
14-60    penalty and is financially unable to give the supersedeas bond; and
14-61                      (B)  giving a copy of the affidavit to the
14-62    commissioner by certified mail.
14-63          (c)  If the commissioner receives a copy of an affidavit
14-64    under Subsection (b)(2), the commissioner may file with the court,
14-65    within five days after the date the copy is received, a contest to
14-66    the affidavit.
14-67          (d)  The court shall hold a hearing on the facts alleged in
14-68    the affidavit as soon as practicable and shall stay the enforcement
14-69    of the penalty on finding that the alleged facts are true.  The
 15-1    person who files an affidavit has the burden of proving that the
 15-2    person is financially unable to pay the penalty and to give a
 15-3    supersedeas bond.
 15-4          Sec. 701.508.  COLLECTION OF PENALTY.  (a)  If the person
 15-5    does not pay the administrative penalty and the enforcement of the
 15-6    penalty is not stayed, the penalty may be collected.
 15-7          (b)  The attorney general may sue to collect the penalty.
 15-8          Sec. 701.509.  DETERMINATION BY COURT.  (a)  If the court
 15-9    sustains the determination that a violation occurred, the court may
15-10    uphold or reduce the amount of the administrative penalty and order
15-11    the person to pay the full or reduced amount of the penalty.
15-12          (b)  If the court does not sustain the finding that a
15-13    violation occurred, the court shall order that a penalty is not
15-14    owed.
15-15          Sec. 701.510.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If
15-16    the person paid the administrative penalty and if the amount of the
15-17    penalty is reduced or the penalty is not upheld by the court, the
15-18    court shall order, when the court's judgment becomes final, that
15-19    the appropriate amount plus accrued interest be remitted to the
15-20    person.
15-21          (b)  The interest accrues at the rate charged on loans to
15-22    depository institutions by the New York Federal Reserve Bank.
15-23          (c)  The interest shall be paid for the period beginning on
15-24    the date the penalty is paid and ending on the date the penalty is
15-25    remitted.
15-26          (d)  If the person gave a supersedeas bond and the penalty is
15-27    not upheld by the court, the court shall order, when the court's
15-28    judgment becomes final, the release of the bond.
15-29          (e)  If the person gave a supersedeas bond and the amount of
15-30    the penalty is reduced, the court shall order the release of the
15-31    bond after the person pays the reduced amount.
15-32          Sec. 701.511.  ADMINISTRATIVE PROCEDURE.  A proceeding under
15-33    this subchapter is a contested case under Chapter 2001, Government
15-34    Code.
15-35          SECTION 25.  Chapter 462, Acts of the 68th Legislature,
15-36    Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil
15-37    Statutes), is amended by adding Sections 13D and 13E to read as
15-38    follows:
15-39          Sec. 13D.  EMERGENCY SUSPENSION.  (a)  The council or a
15-40    three-member committee of council members designated by the council
15-41    shall temporarily suspend the registration of a registration holder
15-42    if the council or committee determines from the evidence or
15-43    information presented to it that continued practice by the
15-44    registration holder would constitute a continuing and imminent
15-45    threat to the public welfare.
15-46          (b)  A registration may be suspended under this section
15-47    without notice or hearing on the complaint if:
15-48                (1)  action is taken to initiate proceedings for a
15-49    hearing before the State Office of Administrative Hearings
15-50    simultaneously with the temporary suspension; and
15-51                (2)  a hearing is held as soon as practicable under
15-52    this chapter and Chapter 2001, Government Code.
15-53          (c)  The State Office of Administrative Hearings shall hold a
15-54    preliminary hearing not later than the 14th day after the date of
15-55    the temporary suspension to determine if there is probable cause to
15-56    believe that a continuing and imminent threat to the public welfare
15-57    still exists.  A final hearing on the matter shall be held not
15-58    later than the 61st day after the date of the temporary suspension.
15-59          Sec. 13E.  ADMINISTRATIVE PENALTY.  (a)  The council may
15-60    impose an administrative penalty on a person registered under this
15-61    Act who violates this Act or a rule or order adopted under this
15-62    Act.
15-63          (b)  The amount of the administrative penalty may not be less
15-64    than $50 or more than $500 for each violation.  Each day a
15-65    violation continues or occurs is a separate violation for the
15-66    purpose of imposing a penalty.  The amount shall be based on:
15-67                (1)  the seriousness of the violation, including the
15-68    nature, circumstances, extent, and gravity of the violation;
15-69                (2)  the economic harm caused by the violation;
 16-1                (3)  the history of previous violations;
 16-2                (4)  the amount necessary to deter a future violation;
 16-3                (5)  efforts to correct the violation; and
 16-4                (6)  any other matter that justice may require.
 16-5          (c)  If the executive director determines that a violation
 16-6    occurred, the director may issue to the council a report stating:
 16-7                (1)  the facts on which the determination is based; and
 16-8                (2)  the director's recommendation on the imposition of
 16-9    an administrative penalty, including a recommendation on the amount
16-10    of the penalty.
16-11          (d)  Within 14 days after the date the report is issued, the
16-12    executive director shall give written notice of the report to the
16-13    person.  The notice must:
16-14                (1)  include a brief summary of the alleged violation;
16-15                (2)  state the amount of the recommended administrative
16-16    penalty; and
16-17                (3)  inform the person of the person's right to a
16-18    hearing on the occurrence of the violation, the amount of the
16-19    penalty, or both.
16-20          (e)  Within 10 days after the date the person receives the
16-21    notice, the person in writing may:
16-22                (1)  accept the determination and recommended
16-23    administrative penalty of the executive director; or
16-24                (2)  make a request for a hearing on the occurrence of
16-25    the violation, the amount of the penalty, or both.
16-26          (f)  If the person accepts the determination and recommended
16-27    penalty of the executive director, the council by order shall
16-28    approve the determination and impose the recommended penalty.
16-29          (g)  If the person requests a hearing or fails to respond in
16-30    a timely manner to the notice, the executive director shall set a
16-31    hearing and give written notice of the hearing to the person.
16-32          (h)  An administrative law judge of the State Office of
16-33    Administrative Hearings shall hold the hearing.
16-34          (i)  The administrative law judge shall make findings of fact
16-35    and conclusions of law and promptly issue to the council a proposal
16-36    for a decision about the occurrence of the violation and the amount
16-37    of a proposed administrative penalty.
16-38          (j)  Based on the findings of fact, conclusions of law, and
16-39    proposal for decision, the council by order may determine that:
16-40                (1)  a violation occurred and impose an administrative
16-41    penalty; or
16-42                (2)  a violation did not occur.
16-43          (k)  The notice of the council's order given to the person
16-44    must include a statement of the right of the person to judicial
16-45    review of the order.
16-46          (l)  Within 30 days after the date the council's order
16-47    becomes final, the person shall:
16-48                (1)  pay the administrative penalty; or
16-49                (2)  file a petition for judicial review contesting the
16-50    occurrence of the violation, the amount of the penalty, or both.
16-51          (m)  Within the 30-day period prescribed by Subsection (l), a
16-52    person who files a petition for judicial review may:
16-53                (1)  stay enforcement of the penalty by:
16-54                      (A)  paying the penalty to the court for
16-55    placement in an escrow account; or
16-56                      (B)  giving the court a supersedeas bond approved
16-57    by the court that:
16-58                            (i)  is for the amount of the penalty; and
16-59                            (ii)  is effective until all judicial
16-60    review of the council's order is final; or
16-61                (2)  request the court to stay enforcement of the
16-62    penalty by:
16-63                      (A)  filing with the court a sworn affidavit of
16-64    the person stating that the person is financially unable to pay the
16-65    penalty and is financially unable to give the supersedeas bond; and
16-66                      (B)  giving a copy of the affidavit to the
16-67    executive director by certified mail.
16-68          (n)  If the executive director receives a copy of an
16-69    affidavit under Subsection (m)(2), the director may file with the
 17-1    court, within five days after the date the copy is received, a
 17-2    contest to the affidavit.
 17-3          (o)  The court shall hold a hearing on the facts alleged in
 17-4    the affidavit as soon as practicable and shall stay the enforcement
 17-5    of the penalty on finding that the alleged facts are true.  The
 17-6    person who files an affidavit has the burden of proving that the
 17-7    person is financially unable to pay the penalty and to give a
 17-8    supersedeas bond.
 17-9          (p)  If the person does not pay the administrative penalty
17-10    and the enforcement of the penalty is not stayed, the penalty may
17-11    be collected.  The attorney general may sue to collect the penalty.
17-12          (q)  If the court sustains the determination that a violation
17-13    occurred, the court may uphold or reduce the amount of the
17-14    administrative penalty and order the person to pay the full or
17-15    reduced amount of the penalty.  If the court does not sustain the
17-16    finding that a violation occurred, the court shall order that a
17-17    penalty is not owed.
17-18          (r)  If the person paid the administrative penalty and if the
17-19    amount of the penalty is reduced or the penalty is not upheld by
17-20    the court, the court shall order, when the court's judgment becomes
17-21    final, that the appropriate amount plus accrued interest be
17-22    remitted to the person.  The interest accrues at the rate charged
17-23    on loans to depository institutions by the New York Federal Reserve
17-24    Bank.  The interest shall be paid for the period beginning on the
17-25    date the penalty is paid and ending on the date the penalty is
17-26    remitted.
17-27          (s)  If the person gave a supersedeas bond and the penalty is
17-28    not upheld by the court, the court shall order, when the court's
17-29    judgment becomes final, the release of the bond.  If the person
17-30    gave a supersedeas bond and the amount of the penalty is reduced,
17-31    the court shall order the release of the bond after the person pays
17-32    the reduced amount.
17-33          (t)  A proceeding under this section is a contested case
17-34    under Chapter 2001, Government Code.
17-35          SECTION 26.  (a)  This Act takes effect September 1, 2001.
17-36          (b)  The change in law made by this Act to Section 602.302,
17-37    Occupations Code, applies only to an offense committed on or after
17-38    the effective date of this Act.  For purposes of this subsection,
17-39    an offense is committed before the effective date of this Act if
17-40    any element of the offense occurs before the effective date.  An
17-41    offense committed before the effective date of this Act is governed
17-42    by the law in effect on the date the offense was committed, and the
17-43    former law is continued in effect for that purpose.
17-44          (c)  The change in law made by this Act relating to
17-45    imposition of an administrative penalty or civil penalty applies
17-46    only to an act or omission that occurs on or after the effective
17-47    date of this Act.  An act or omission that occurs before the
17-48    effective date of this Act is governed by the law in effect on the
17-49    date the act or omission occurred, and the former law is continued
17-50    in effect for that purpose.
17-51                                 * * * * *